The seven grounds for divorce are recognized under the Hindu Marriage Act, 1955. Here are the grounds and the corresponding section of the Act:

• Adultery – This is when one spouse engages in sexual intercourse with someone outside the marriage. Adultery, as defined under Section 13(1)(i) of the Hindu Marriage Act, refers to the voluntary sexual intercourse of a married person with someone who is not their spouse. In other words, if a spouse engages in sexual intercourse with another person outside the marriage without the consent of their partner, it is considered adultery.

To prove adultery as a ground for divorce, the spouse who is filing for divorce needs to provide evidence of the act of adultery. This may include witness testimony, photographic or video evidence, or any other evidence that can be produced in court to prove that the act of adultery occurred.

It’s important to note that adultery alone may not be sufficient grounds for divorce. The spouse seeking a divorce must also prove that the adultery has caused them mental or physical cruelty, making it impossible for them to continue living with the adulterous spouse. If the court is satisfied with the evidence provided, it may grant a divorce on the grounds of adultery.

• Cruelty – This refers to any act or behavior by a spouse that causes mental or physical suffering, making it impossible for the other spouse to continue living with them. Cruelty, as defined under Section 13(1)(ia) of the Hindu Marriage Act, refers to any act or behavior by one spouse towards the other that causes physical or mental suffering, making it impossible for the other spouse to continue living with them. Such behavior can take various forms, including physical or mental abuse, harassment, verbal abuse, constant fighting, or neglect.

Physical cruelty refers to any act of violence, abuse, or physical harm inflicted upon the other spouse. This can include hitting, slapping, pushing, or any other form of physical assault. Mental cruelty, on the other hand, refers to any behavior that causes emotional or psychological suffering to the other spouse, such as constant insults, belittling, intimidation, or humiliation.

To prove cruelty as a ground for divorce, the spouse seeking a divorce must provide evidence of the abusive behavior. This may include witness testimony, medical records, photographs, or any other evidence that can be produced in court to prove that the abusive behavior occurred.

It’s important to note that the behavior must be severe and substantial enough to prove that it has caused mental or physical suffering to the other spouse, making it impossible for them to continue living with the abusive spouse. If the court is satisfied with the evidence provided, it may grant a divorce on the grounds of cruelty.

• Desertion – This refers to when one spouse abandons the other without any reasonable cause or consent.  Desertion, as defined under Section 13(1)(ib) of the Hindu Marriage Act, refers to when one spouse abandons the other without any reasonable cause or consent. This means that one spouse has left the marital home without the consent of the other spouse, and without any reasonable justification for doing so.

Desertion can take various forms, such as physical abandonment, where one spouse leaves the marital home and doesn’t return for an extended period, or constructive abandonment, where one spouse refuses to fulfill their marital duties, such as providing financial support or engaging in sexual relations.

To prove desertion as a ground for divorce, the spouse seeking a divorce must provide evidence that the other spouse has abandoned them without any reasonable cause or consent. This may include witness testimony, communication records, photographs, or any other evidence that can be produced in court to prove that the abandonment occurred.

It’s important to note that the abandonment must be willful and intentional, and not the result of any reasonable justification or cause, such as being forced to leave due to domestic violence or other compelling circumstances. If the court is satisfied with the evidence provided, it may grant a divorce on the grounds of desertion.

• Conversion to another religion – if one spouse converts to another religion, this can be grounds for divorce if the other spouse does not want to follow the new religion. define

Conversion to another religion can be a ground for divorce under the Hindu Marriage Act, 1955, in India. If one spouse converts to another religion and the other spouse does not wish to follow the new religion, it can be considered a ground for seeking a divorce under Section 13(1)(ii) of the Act.

In such cases, the spouse seeking a divorce must provide evidence that the conversion has taken place and that it has created irreconcilable differences between the spouses. It’s important to note that the conversion must be voluntary and not done under any kind of coercion or influence.

If the court is satisfied that the conversion has led to irreconcilable differences between the spouses, it may grant a divorce on the grounds of conversion to another religion.

• Mental disorder – if a spouse is suffering from a severe mental illness or disorder, and it affects their ability to maintain the marital relationship, it can be a ground for divorce.  Mental disorder can be a ground for divorce under Section 13(1)(iii) of the Hindu Marriage Act, 1955, in India. If one spouse is suffering from a severe mental illness or disorder that affects their ability to maintain the marital relationship, it can be considered a ground for seeking a divorce.

To prove mental disorder as a ground for divorce, the spouse seeking a divorce must provide evidence that the other spouse is suffering from a mental disorder that is serious and incurable, and that it affects their ability to maintain the marital relationship. This may include medical records, psychiatric evaluations, or any other evidence that can be produced in court to prove that the mental disorder exists and is affecting the marital relationship.

It’s important to note that the mental disorder must be severe and incurable, and not a temporary or treatable condition. Additionally, the spouse seeking a divorce must show that the mental disorder has made it impossible for them to continue living with the other spouse.

If the court is satisfied that the mental disorder is serious and incurable and has made it impossible for the spouses to continue living together, it may grant a divorce on the grounds of mental disorder.

• Renunciation of the world – Section 13(1)(iv) – If one spouse decides to renounce the world and become a monk or nun, this can be grounds for divorce. Renunciation of the world can be a ground for divorce under Section 13(1)(iv) of the Hindu Marriage Act, 1955, in India. If one spouse decides to renounce the world and become a monk or nun, it can be considered a ground for seeking a divorce.

To prove renunciation of the world as a ground for divorce, the spouse seeking a divorce must provide evidence that the other spouse has decided to renounce the world and become a monk or nun. The renunciation must be voluntary and not done under any kind of coercion or influence.

The spouse seeking a divorce must also show that the renunciation has created irreconcilable differences between the spouses and that it has made it impossible for them to continue living together as husband and wife.

If the court is satisfied that the renunciation has led to irreconcilable differences between the spouses and has made it impossible for them to continue living together, it may grant a divorce on the grounds of renunciation of the world.

• Presumption of death – Section 13(1)(v) – If a spouse is missing for seven years or more and there is no information about whether they are alive or dead, the other spouse can seek a divorce based on the presumption of death. 

Presumption of death can be a ground for divorce under Section 13(1)(v) of the Hindu Marriage Act, 1955, in India. If a spouse is missing for seven years or more and there is no information about whether they are alive or dead, the other spouse can seek a divorce based on the presumption of death.

To prove presumption of death as a ground for divorce, the spouse seeking a divorce must provide evidence that the other spouse has been missing for seven years or more and that there is no information about whether they are alive or dead. This may include police reports, newspaper articles, or any other evidence that can be produced in court to show that the other spouse has been missing for seven years or more.

The spouse seeking a divorce must also show that they have made all reasonable efforts to find the missing spouse and that they have not been able to locate them. The court may require the spouse seeking a divorce to provide proof of these efforts.

If the court is satisfied that the other spouse has been missing for seven years or more and that there is no information about whether they are alive or dead, it may grant a divorce on the grounds of presumption of death.

CONCLUSION

In conclusion, the seven grounds for divorce under the Hindu Marriage Act, 1955, in India, are:

1. Adultery – Section 13(1)(i)
2. Cruelty – Section 13(1)(ia)
3. Desertion – Section 13(1)(ib)
4. Conversion to another religion – Section 13(1)(ii)
5. Mental disorder – Section 13(1)(iii)
6. Renunciation of the world – Section 13(1)(iv)
7. Presumption of death – Section 13(1)(v)

These grounds are applicable to Hindus, Buddhists, Jains, and Sikhs in India. It’s important to note that divorce can be a complicated and emotionally challenging process, and it’s always recommended to seek legal counsel and advice before initiating any legal proceedings.